
FACT SHEET ON THE STATEWIDE MARRIAGE AMENDMENT THAT HAS QUALIFIED FOR THE NOVEMBER 2008 ELECTION
JULY 2008
On May 15, 2008, by a weak vote of 4-3 the State Supreme Court declared that Proposition 22 violates the state constitutional rights of same-sex couples. That proposition simply stated that
“ONLY MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS RECOGNIZED OR LEGAL IN CALIFORNIA.” Prop 22 was voted into law by over four million California citizens in 2000. In other words, four people overruled the will of four million people. That certainly does not sound like a government of the people, by the people, and for the people. It sounds more like a tyranny. Regardless of how a person feels about homosexual marriage, every citizen in California should be incensed about this over-stepping of power by these four justices.
The four justices that declared Prop 22 unconstitutional were: Chief Justice Ronald George, Associate Justices Carlos Moreno, Kathryn Werderger, and Joyce Kennard. In fact, the three dissenting opinions said exactly that in reaching their decision, Justice Marvin Baxter and Justice Ming Chin contended that the majority decision “VIOLATES THE SEPARATION OF POWERS, AND THEREBY COMMITS A PROFOUND ERROR.” They both believed that the future definition of marriage should be decided by the democratic process, not by the courts. Justice Carol Corrigan believes the court’s ruling exceeds the bounds of judicial authority. She stated, “THIS COURT CAN OVERRULE A VOTE OF THE PEOPLE ONLY IF THE CONSTITUTION COMPELS US TO DO SO. HERE, THE CONSTITUTION DOES NOT.”
In the year 2000, Proposition 22, qualified for the ballot and was passed by 61% of those who voted statewide. In San Joaquin County, it passed by 73%, and became the law of the land. There have been several challenges to prop 22 since then in the lower courts and in 2006 at the appellate court level the majority decision of that court was: “THE COURT IS NOT IN THE BUSINESS OF DEFINING MARRIAGE. THE LEGISLATURE HAS CONTROL OF THE SUBJECT OF MARRIAGE SUBJECT ONLY TO INITIATIVES PASSED BY THE VOTERS AND CONSTITUTIONAL RESTRICTIONS.”
This issue should be decided by the people in a public forum, and not by four justices in a court of law. In fact, the people have an opportunity to do just that in November. A State Constitutional Amendment has qualified for the ballot in November, 2008, that says:
“ONLY MARRIAGE BETWEEN A MAN AND A WOMAN WILL BE LEGAL OR RECOGNIZED IN CALIFORNIA.”
If you vote yes on this amendment, “Traditional Marriage” will once again be the law of the land, and will not be subject to the State Supreme Court’s decision.
If you vote no on this amendment, marriage as we have known it will "be gone for ever.”
When Prop 22 passed in the 2000 General Election, there were 21 million eligible voters in California, but only 7.5 million actually voted on this issue, or approximately 36%. Prop 22 passed by 61% of that 7.5 million, or approximately 4.5 million.
It has been said, that historically, there are approximately 12 million professing Christians in California that are eligible to vote, but only half of that number are registered to vote, and only half of registered voters actually vote, or 3 million. That means that only half of the people in your church registered to vote, and only half of those who registered actually voted. Is it any wonder why the laws that are being passed today are so ungodly? It’s hard to maintain Christian values with these kinds of figures.
If the State Marriage Amendment is passed by the voters, it will make the Supreme Court’s decision null and void!
The most important thing you can do to insure that this Amendment passes, is to encourage and educate your family and friends to:
• REGISTER TO VOTE IN THE NOVEMBER ELECTION.
• EQUIP THEM WITH THE CCC VOTER’S GUIDE IN ORDER TO KNOW WHAT CANDIDATES RUNNING FOR OFFICE WILL SUPPORT THE AMENDMENT.
• DO ALL YOU CAN TO ENCOURAGE THEM TO VOTE IN NOVEMBER.
CCC will supply the churches with voter registration cards and voter guides (the voter guides will be available later this fall). Please contact your church for the materials.
I know that if we all do all we can that San Joaquin County will play a major role in keeping marriage between “one man and one woman.”
Sincerely,
Ken Owen